The High Court in Mombasa has stopped African Oil and Gas Company, AGOL owned by Billionaire Mohamed Jaffer from further expanding and encroaching into Coastal Mangrove Swamp Forest over
Justice Belinda Akelo issued temporal orders stopping the leading LPG operator headquartered in Mombasa from
John Onunga said that the ongoing expansion by AGOL into the mangrove forest had ongoing ecological harm to the Kilindini Bay mangrove ecosystem through oil spills, construction works and disturbance of flora and fauna.
“The said activity has caused a lot of obstruction and impediment to the breeding of fish within the Kilindini Mangrove Ecosystem. The said deterioration of the ecosystem has been a result of oil spills within the Kilindini Mangrove Swamps at the time of offloading oil and gas,” said Onunga.
Onunga said the construction and laying pipes, and their repair and replacement has caused a lot of disturbance and destruction to the mangrove swamp.
He accused Kenya Forest Service (KFS) of granting AGOL a special use licence over approximately 23.103 hectares of forest land within the Kilindini Bay mangrove area in 2012 for a period of 30 years.
Onunga said that later AGOL extended its expansion to an additional land approximately 17.282 hectares by subsequent addenda within a gazetted mangrove forest.He said the said land is public land and forms part of Coastal Mangrove Swamp Forest allegedly gazetted via a 1932 proclamation, and no de gazettement or lawful allocation has been demonstrated.
Onunga questioned the legality of the licensing vis à vis Articles 62 and 67 of the Constitution and the mandate of National Lands Commission (NLC).
He said NLC wrongfully approved and permitted the operations of AGOL in the Kilindini Mangrove Ecosystem against the backdrop of proper Environment conversion for the best interests of the citizens and future generations.
He said the entire land transaction was clandestinely done between AGOL and KFS.
However, Justice Akello declined to issue ex-parte conservatory orders stopping the entire operations of AGOL citing wider economic and with public implications.
In issuing partly conservatory orders, the judge said she was mindful of the constitutional obligation to protect the environment for present and future generations, the public interest in safeguarding mangrove ecosystems.
She said there was need to accord all parties a fair opportunity to be heard before interim conservatory orders are issued.
Justice Akello proceeded to certify Onunga’s application dated June 19 2026 urgent and admitted for hearing on a priority basis.
“Pending the inter partes hearing of the Notice of Motion, AGOL and KFS whether by themselves, their servants, employees, contractors, agents or any person acting under their authority, shall not commence or undertake any new major construction works within the licensed mangrove forest area the subject of the special use licence and its addenda,” said Justice Akello.
She said that for the avoidance of doubt, the order is intended to preserve the current physical footprint of major built infrastructure within the mangrove forest, and shall not be construed as authorising any expansion of the disturbed area pending further orders of the Court.
She ordered that the the Application Petition, the Notice of Motion, Supporting Affidavit and annexures, together with this Order, be served upon AGOL, KFS, NLC, National Environment and Management Authority (NEMA) and Attorney General (AG) within two days.
Onunga through his lawyer Grace Okumu said that AGOL has turned the parcel of land into an oil and gas landing site thereby interfering with the entire Mangrove Ecosystem.
“The use of the said parcel of land as an oil and gas landing site has subjected the Mangrove Ecosystem to oil spillage which has affected the growth and existence of fauna and flora in the area,” said Onunga.
Onunga asked the court to stop AGOL as an oil and gas landing sites or points docking vessels and discharge of any oil and gas or points of conveying oil and gas from sea vessels to the mainland deposits or using the infringed parcel of land in whatsoever manner.
“The issuance of the said license was illegal and unprocedurally wrong due to the proclamation No. 42 of 1932 declaring it to be part of the Coastal Mangrove swamp forest and prohibits any human activities thereto,” said Onunga.
He said that in any event if the said licence was to be issued, a proper Environment Impact Assessment by NEMA ought to have been carried out prior.
Onunga said that in the event the entire exercise of the licencing was properly done, the revenue regenerated is yet to be accounted for public utility.
